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The Minibus Club

The minibus insurance specialist

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We have compiled the following minibus related information following our own background knowledge, we trust that you find the information relevant and informative. We have made every attempt to ensure its accuracy, however, in all instances this information is for guidance only and is not intended to be a substitute for any legal guidance. If you require more individual detailed knowledge and guidance it is recommended that you speak directly to the chosen authority in person.

Minibus speed limits
Minibus passenger regulations
Minibus seatbelt requirements
Minibus operator's license
Minibus driving regulations
Record keeping
Driving a minibus in europe
MOT testing for minibuses
Minibus maintenance & safety checks
Training for minibus drivers
Minibus safe driving tips
Minibus resources

 

Minibus speed limits

What is the speed limit for a minibus?

It is important to remember that speed limits for minibuses are not the same as those for cars. The limits are as follows:

Single carriage way roads (where no lower limit applies)	50
Dual carriageways	60
Motorways	70
Motorways (when towing a trailer)	60

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Minibus passenger regulations

How many passengers may I carry?

It is an offence for a person to drive, cause or permit to be driven a Public Service Vehicle on a road if the number of seated passengers exceeds the number of seats available. Where a seat is designed to accommodate more than 1 adult passenger, each part of the seat designed for one adult shall be regarded as a separate seat.

Where a minibus is not required by law to be fitted with seatbelts and no seatbelts are fitted, 3 children under 14 will count as 2 passengers. For the purposes of the law, a child is regarded as being under 14 until the last day of August after their fourteenth birthday, after which time they will be subject to the same rules as adult passengers.

What about standing passengers?

Vehicle with less than 13 seats	Nil
Vehicle where a part of the gangway is less than 1.77metres high.	Nil
A half decked vehicle	Nil
Vehicle issued with certificate of initial fitness or conformity on or after 1 April 1981.	As specified in certificate.
Where there is no such certificate.	One third of number of seating capacity or 8 (whichever is less)
Where there are 13 seats and any part of the gangway is not less than 1.77 metres high.	3
Where there are 14 seats and any part of the gangway is not less than 1.77 metres high.	2
Where there are 15 seats and any part of the gangway is not less than 1.77 metres high.	1

There is a maximum limit of 16 people

Minibus use regulations

All Minibuses must meet certain construction standards these include:

1. Wheelchairs should be carried forward or rearward facing, NOT facing sideways.
   
2. Every seated passenger must have access to two exits at all times - their gangway access should not be blocked by wheelchairs, luggage etc. One of the two exits may be blocked by a folding seat or ramp/tail lift platform. The required gangway size is not specified in law, and should be "reasonable" - given the number of passengers carried and their mobility

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Minibus seatbelt requirements

The seatbelts requirements for minibuses vary according to age of the vehicle, passenger carrying capacity, types of passenger (e.g. children and wheelchair users) and type of seat fitted. These requirements apply regardless of class of licence and type of permit held. The requirements should be observed carefully, noting that regular inspection and maintenance of the seatbelt fitments is essential. Seatbelt fitments and their installation standards are checked during the annual MOT test. The vehicle will fail its test if they are inadequate or poorly maintained. In addition, failure to fit seatbelts in accordance with the regulations could result in criminal prosecution. Both operators and drivers may be open to prosecution of this nature.

When arranging inspection or fitting of seatbelts, it is important to remember that the seatbelt operates as part of a system which often includes the belt itself, the seat, the anchorage, the reel mechanism, the floor or vehicle wall. If all these elements are not compatible and properly maintained the whole system may fail and as a result could cause serious injury or fatality, not to mention repercussions for operator or driver.

The rules governing seatbelts and anchorages can be found in the Road Vehicles (Construction and Use) Regulations 1986, as amended.

What are the different types of belt in use?

• Three point belts: this belt fits across the passengers lap and across the body from hip to shoulder. These belts give a high level of protection since they also restrain the upper body. On new minibuses these belts will be factory fitted. Retro-fitted three point belts must be fitted with great care as the seat and anchorage point must also be compatible.
   
• Two point belts: this belt includes a strap across the passengers lap. Two point belts are the minimum legally acceptable for rear seats (excludes regulations relating to child passengers). Although two point belts can restrain the passenger, they do not support the upper body and incorrect use may lead to internal abdominal injuries. There is widespread opinion that 3 point belts are far preferable and that use of 2 point belts should be discontinued in future.

Retro-fitting of seatbelts

Where seatbelts have been fitted after manufacture to a PSV or vehicle operated under a section 22 permit, it is essential to remember the following;

• Fitment of seatbelts is a notifiable alteration and as such the Vehicle Inspectorate must be informed. (0870 6060440). A one-off inspection, which the vehicle must pass, will have to take place at a Class V or VI testing station. This requirement came into force from 1998. If the vehicle has removable seats, all seats should be present for the check. Seats installed at a later date would result in another installation check becoming necessary.
   
• Any alterations to the seating or fitting of seatbelts must be notified to the insurer. Failure to do so could result in the insurer refusing to indemnify the policyholder in the case of any claims.
   
• For retro-fitting ensure that the design is carried out by a qualified vehicle structural engineer and fitted by a qualified specialist.

Some manufacturers offer factory-approved retro-fitting. If this option is taken, it is essential to ensure that the fitter is a manufacturer agent and that genuine parts are used. The system fitted must comply with all the regulations. Written confirmation should be given by the fitter that the relevant legislation and specification has been followed. Ideally, the system should be tested and witnessed by the Vehicle Certification Agency.

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Minibus operator's license

Minibus Drivers License Requirements

When driving any given vehicle on a public road, the driver is obliged to hold the relevant licence for the particular vehicle that he is driving. Minibuses are no different and failure to be able to produce the correct licence will be classed as an offence with legal repercussions for both driver and operator. It is vital therefore that checks are in place to be sure that each driver is licensed to drive a particular vehicle and that any endorsements are reported to the insurer. The operator will have an overall responsibility to ensure that the people driving the vehicles are adequately trained and licensed to do so. Note that the permit scheme and its exemptions for volunteer driver does not exist outside of the UK; so any driver of a minibus being used outside the UK ‘for hire or reward’ will need a full PCV 1 licence.

1. Small permit buses

All permit bus drivers must be 21 or over. Although the minimum age may be 18 years where a PCV (passenger carrying vehicle) test has been passed for full D1 or D entitlement. Please note that permit minibuses used for hire or reward cannot be driven outside the UK unless the driver has passed a PCV test for category D1 or D. The permit system has no force outside the UK. Hence the exemptions do not exist for voluntary drivers outside the UK.

1. Driving licences held before 1 January 1997
   Drivers who passed their car test before 1 January 1997 were automatically granted additional entitlement to drive minibuses (9-16 passengers) as a category D1 (not for hire or reward). These drivers will continue to be allowed to drive a permit bus (9-16 passengers) until the licence expires (usually at the age of 70). Once the D1 (not for hire or reward) licence expires entitlement can be renewed provided that the driver makes a special application and passes a medical examination.

   If a driver does not renew the D1 (not for hire or reward), but retains the Category B car entitlement, he / she may still be entitled to drive a minibus provided that

   1. He / she is aged 21 or over;
   2. He / she receives no payment or consideration for driving the vehicle;
   3. He / she provides the service on a voluntary basis;
   4. He / she has held the Category B licence for at least 2 years;
   5. The minibus max weight does not exceed 3.5 tonnes; and
   6. If the driver is aged 70 or over, they must be able to meet the health standards for driving a vehicle (i.e. minibus) which comes within the D1 class.

2. Drivers who passed their test on or after 1 January 1997
   New drivers who obtained a category B entitlement on or after 1 January 1997 are not granted D1 (not for hire or reward) entitlement. This will allow them only to drive vehicles with less than 8 passenger seats. However they may be able to drive a minibus under a permit if the conditions listed a-e in section (i) above are met. Again there are no exemptions granted in respect of volunteer drivers outside the UK. The full PCV D1 or D licence will therefore be needed for any trips to other parts of the European Union.

2. Commercially operated PSVs

   All drivers driving a commercially operated minibus for ‘hire or reward’ are obliged to pass a PCV Test (this is the successor to the PSV licence). All new (post-1997) minibus drivers will need PCV entitlement to drive any vehicle capable of carrying more than eight passengers. This will involve a second official test set by the Driving Standards Agency, consisting of theory and practical tests. New drivers will need a D1 provisional licence before undertaking training and tuition and all drivers will have to undergo a medical examination.

3. Non-permit and non commercial PSV drivers

   Licences for drivers of minibuses that are not operated for hire or reward, (only likely to include private or family use where the driver does not benefit in any way and there are no donations, charges or fares) and do not therefore fall under either PSV or ‘section 19 permit’ operator’s regimes, are governed by the same rules as per permit buses. The minibus must be used for social purposes, by a non-commercial body and must not be used to tow a trailer of any size.

   For pre-1997 drivers, the D1 licence will be accepted for temporary visits within the EU, whereas new drivers will need to hold a D1 or D entitlement, which will involve a further test to drive on the continent. So drivers without automatic minibus entitlement on their licence are not permitted to drive minibuses outside the UK without a further test.

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Minibus driving regulations

With all drivers, there is a presumption that if you are tired or unwell you will not have adequate control of the vehicle and therefore you will pose a risk to other road users and/or your passengers. This presumption is even higher in the case of minibus drivers and those that have a legal obligation to ensure the welfare of passengers is maintained. There is both UK and European legislation in place to limit the number of driving hours and work undertaken by minibus drivers in order to reduce the risk to the public.

Which rules are applicable?

1. The UK Domestic Drivers Hours Rules apply at all times when driving a minibus in the UK and Eire.
2. The EC Drivers Hours Rules apply to drivers of passenger vehicles, which carry 16 or more passengers (excluding the driver) in the United Kingdom. They also apply where you have more than 8 passenger seats and the passenger vehicle is being driven abroad. Minibus Drivers please note!

When driving in the UK you will also be subject to the Working Time Regulations1998 SI 1833/98.

If you are an employed driver subject to the EU Drivers' Rules you will be subject to additional working time provisions in March 2005 when the road transport directive (2002/15/EC) is implemented.

Domestic Driving Limits

Useful definitions

Rest break - Any period that a driver is freely able to dispose of his time, when not working during employment or carrying out other work, for a period of at least 1 hour.

• daily driving limits not to exceed 10 hours (and applies to time spent at the wheel actually driving).
• Daily duty limit of 16 hours (including rest breaks).
• Maximum continuous driving time of either 5.5 hours followed by a break of 30 minutes; or 8.5 hours (to include a break of 45 minutes) followed by a 30 minutes break.
• Minimum rest period of 10 hours between working days, which can be reduced to 8.5 on not more than 3 days per week.
• Minimum period of 24 hours rest is required between any two consecutive weeks.
• Exemptions:
• Drivers of vehicles in the Armed Forces, Police and Fire Brigade
• Driving off public roads
• Private driving (not for hire or reward, or connected with employment)
• The following are also exempt from the duty limit of 16 hours (see above) but not from the driving limit:
• Vehicles used by health authorities such as doctors, nurses, midwives, dentists, vets.
• Vehicles for commercial purposes and goods vehicles to a maximum of 3.5 tonnes.
• Vehicles used for inspection, maintenance, repair, installation, fitting or cleaning.
• Breakdown services such as the RAC.
• Vehicles for cinematograph or radio and television broadcasting.

NB - if an event occurs which needs immediate action to avoid danger to life or health, telecommunication and postal services, the UK domestic rules are relaxed.

Example of Legal Driving Schedule

Example 1 (Legal Driving Schedule)

CDT = Continuous Driving Time

Driving 1	Rest 1	Driving 2	Rest 2	Driving 3
3 hrs	45 mins	4 hrs	1 hr	3 hrs

Reasons for Legality

1. Total driving time does not exceed the 10 hours maximum.
2. After 3 hours driving there is rest of 45 minutes allowing for the next period of driving to be up to 4.5 hours long (see above). Even though the break was taken earlier than the CDT of 4.5 hours, it is long enough to allow the Driving Period 2 to be up to the maximum CDT.
3. After 4 hours driving there is a break of 1 hour (Rest 2) allowing for the remainder of the daily driving limit to be reached.

Example of Illegal Driving Schedule

Example 2 (Illegal Driving Schedule)

CDT = Continuous Driving Time
 

Driving 1	Rest 1	Driving 2	Rest 2	Driving 3	Rest 3
2 hrs	1 hr	2.5 hrs	30 mins	5 hrs	15 mins

 
Reasons for Illegality

1. The schedule is legal up until * Rest 2. The 1 hour rest period after 2 hours driving essentially resets the commencement of the CDT (i.e. minimum requirement for a break is 45 minutes after 4.5 hours driving. Rest 1 exceeds this time.)
2. Rest 2 (30 minutes) is long enough to count towards a split break period but the remaining 15 minutes needs to be taken before the expiry of the CDT i.e. after a further 2.5 hours driving.
3. The schedule becomes illegal as the full break period of 45 minutes is not taken before the expiry of the 4.5 hours continuous driving. Driving Period 3 is for 5 hours which should only have been for a maximum of 2.5 hours.
1. Minimum weekly rest of 45 hours at or before the expiry of six daily driving periods. If taken at the base it may be reduced up to 9 hours = 36 hours rest or if taken away from the base up to 21 hours = 24 hours rest. The reductions must be compensated by the end of the third week following the week in which the reduction occurred and in the bloc in which the reduction was made i.e. reduction of 9 hours must be compensated by a 9 hour bloc.
2. Where there are two drivers manning the vehicle the rules are the same other than the exceptions below;
1. daily rest period for each driver of 8 hours (not 11 hours)
2. The 45 minutes rest may be taken by a driver while the other is driving.
3. The daily rest may not be taken in a moving vehicle.

The vehicle may then be driven up to 20 hours (10 hours per driver) and each driver may do an additional 2 hours work.

NB - there is a provision that the tachograph is able to record the two charts simultaneously.

Driving Limits within the European Community

• Daily driving limit of 9 hours (NB this may be extended up to 10 hours twice a week) taken between two consecutive daily rest periods or between a daily rest period and a weekly rest period.
• There is no weekly driving limit but in practice can be up to 56 hours. (NB a driver must take a weekly rest after a period of 6 consecutive driving periods.
• There is a maximum fortnightly driving limit of 90 hours. (fortnight being any two week period commencing from midnight Sun or Mon for two weeks)i.e. driver drives for 40 hours in week one and therefore can drive for 50 hours in week two. In week three the driver is limited once again to 40 hours as the two week period will begin with the commencement of week two (to which the driver drove for 50 hours).
• Maximum continuous driving time of 4.5 hours followed by at least 45 minutes rest break (or followed by a daily or weekly rest period) the rest break can be split into 2 or 3 periods as long as the 45 minute break is taken within the 4.5 hour driving time. The minimum break for a split, that can be taken is 15 minutes. (See Appendix 1).
• Daily rest period of 11 hours in a period of 24 hours commencing at the end of the last daily or weekly rest. (NB if the driver wishes to split the daily rest period the daily rest period is extended to a minimum of 12 hours to which at least one part is an hour and the last part is a period of at least 8 hours.)

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Record keeping

Record Keeping and Tachograph Requirements

• A tachograph is used to record hours of driving, distance driven, speed driven, breaks and rest periods, periods of other work carried out.
• Under EU regulations it is obligatory that you use a tachograph to record the information for all international journeys wholly within member states.
• The tachograph must be used from the start of the journey even if the journey commences within the UK but travels abroad to mainland Europe.
• Under UK legislation, there is no requirement to keep a record but a police officer or transport official may look at other sources of information to establish hours worked. It could be considered negligent not to have a method of recording total hours of driving in any one period.
• If a tachograph is fitted it may be used voluntarily under the domestic rules.

Exception to UK Rules on Tachographs

• If a minibus is also being used for commercial purposes it will require a tachograph if the Gross Vehicle Weight (and trailer if fitted) exceeds 3.5 tonnes.
  NB - this provision does not apply if the goods being carried belong to the passengers.
• There is also an exemption to record keeping under the UK legislation if you drive a goods vehicle for less than 4 hours or less a day and keep within 50 kilometres of base, and for drivers of goods vehicles which do not require an operator’s licence.

Exception to EU Rules on Tachographs

• The vehicle is engaged in collecting sea coal, where you are subject to the driver’s hours rules but not the recording ones.

Requirements

• Tachographs must be calibrated, i.e. checked for accuracy. They should be re-calibrated every 6 years, and inspected every 2 years.
• The tachograph should show a valid inspection seal for the calibrations.
  NB - A tachograph that is fitted but not used under the EU regulations must still have an initial calibration, and be sealed if it is being used as the sole speedometer on the vehicle. (if it is not used under the EU regulations there is no need for recalibration etc).
• The employer is responsible for the issue of record charts.

Tachograph Charts

The following must be placed on each chart

• Surname, first name.
• Date.
• Place where chart commences and ends.
• Vehicle registration number.
• Odometer readings at start and end.
• Any time of change of the vehicle.

Recording starts on the tachograph as soon as the chart is inserted. The mode switch needs to be amended so that the following are recorded accurately.

The settings are as follows
	Driving time
	Other work
	Rest and break periods
	Other work in the vehicle such as loading and vehicle checks (not used within the UK)
The driver can also make manual entries on the tachograph. Traveling from home to pick up point should also be recorded such as other work.

Production of charts

• It is an offence to leave the chart in the machine for more than 24 hours.
• Charts must be handed to the employer within 21 days of completion.
• Make regular checks to ensure the regulations are kept.
• Charts must be kept for 1 year after their use, as they must be produced if enforcement authorities require.
• The enforcement authorities may detain a vehicle if they suspect a false record is apparent, and seize and retain the record for up to 6 months.
• If the tachograph breaks the driver must complete a full manual record of the information that would have been produced had the tachograph been working (either on the chart or on an attached sheet)

Fines

• Failure to comply with the rules on tachographs could result in fine of £2,500 or £5,000 if the record has been falsified.
• In UK, the tachograph cannot generally be used for speeding offences indicated by the records without additional information. However, several European police forces do impose fines for offences indicated by the tachograph records.

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Driving a minibus in europe

Taking a Minibus into Europe

There are a number of rules and regulations affecting the use of minibuses on international journeys. It is important to have in mind the legal requirements when planning or undertaking an international journey. Obligations will differ, depending on the country being visited and you should consult foreign embassies for information on local rules. The following information relates to travel within EU member states and ASOR signatory states (Norway, Switzerland and Turkey and some Eastern European countries). ASOR means the Agreement on the International Carriage of Passengers by Road by means of Occasional Coach and Bus Services approved of on behalf of the European Economic Community by Council Decision 82/505/EEC.

Vehicle Documentation

A ‘control document’ in the form of a ‘waybill’ or an ‘own account certificate’ must be carried on vehicles with more than eight passenger seats, on all international journeys, regardless of whether the vehicle is used for ‘hire or reward.’ As a general rule, non-profit making bodies can use an own account certificate, whereas profit-making bodies will need a ‘waybill’.

1. Waybills
   
   The two types of waybill available are: the EU Journey Form (for travel in EU member states but may also be use in Norway and Switzerland); and the ASOR waybill (for use in ASOR countries). The ASOR waybill will be dealt with in section iii below.
   
   The EU Journey Form (waybill)
   
   A waybill needs to be completed before each international journey. The EU waybills are available, for the appropriate fee from the Confederation of Passenger Transport (tel 020 72403131) or the International Road Freight Office (tel. 0191 2014090). Waybills are available in singles or in a book of 25 and the driver is obliged to carry the drivers’ copy throughout the journey. This will provide exemption from the local licensing requirements of other EU countries.
    
2. Own Account Certificate (for travel within the EU)
   
   The Own Account Certificate (OAC) avoids the need to obtain a EU waybill for journeys within the EU. The OAC is however only available to a non-profit making body, and should accordingly be a available to not-for-profit educational establishments provided that the vehicle used is the property of the operator (school) and is driven by a member of staff. Alternatively the school can also qualify for the OAC if where they do not own the minibus, they are a fully paid up voting member of a not-for-profit organization that is the owner of the minibus, such as a community transport group. The OAC is available free of charge from the International Road Freight Office (tel. 0191 2014090) and the certificate will remain valid for up to five years. N.B. The OAC cannot be used if the school is using a hired vehicle.
    
3. ASOR Waybill
   
   Unfortunately the system of Own Account Certificates does not extend to countries outside the EU so it is necessary to carry an ASOR waybill if traveling beyond the EU. It is also advisable to seek further information on the countries to be visited from embassies and tourist information offices. In addition to the ASOR Waybill a set of translations will also be needed; these, along with the ASOR waybills can be obtained from the International Road Freight Office (tel. 0191 2014090).

Further Vehicle Documentation

The following documents should accompany the vehicle and be available for inspection at all times throughout the journey.

• EU Waybill, Own Account Certificate or ASOR Waybill (as appropriate)
   
• Translation of the ASOR Waybill (if appropriate)
   
• Insurance Certificate. Insurance against third party risks is compulsory in most countries. It is advisable to obtain a Green Card when traveling abroad. This is not a compulsory for journeys within the EU but will be compulsory for other international journeys.
   
• European Accident Form. This can be obtained from your insurer.
   
• Vehicle Registration Document. The original document and not a photocopy will be needed for inspection.
   
• GB sticker or EU style GB sticker.

Further Driver Documentation

• Full Passport
   
• International Driving Permit (IDP) - The UK licence is valid for journeys within the EU and EEA however for journeys beyond the EU/EEA it is advisable to obtain an IDP. Information on individual countries is available from relevant Embassies and tourist information offices.
   
• ‘Permission to Drive’ - As it is unlikely that the driver will be the registered keeper of the minibus; they will need ‘permission to drive.’ A formal letter on the organisation’s letterhead stating that it is the registered keeper and owner and that the driver has permission to drive will be sufficient.
   
• Tachograph charts - A tachograph needs to be used from the journey in the UK if the minibus is on an international journey. This will not apply however to journeys between the UK and Eire. It will be remembered that drivers must also comply with EU drivers’ hours rules on international journeys. We recommend that you obtain a copy of ‘Drivers’ Hours and Tachograph Rules for Passenger Vehicles in the UK and Europe’ from the Department for Transport, your local Traffic Area Office or the Community Transport Association.
   

Local Rules - on a general note this guide is not able to provide definitive guidance on journeys to individual countries, including EU and EEA member states. It is imperative before setting off that you check whether there are local rules for example relating to snow chains, headlights etc.

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MOT testing for minibuses

A minibus is defined in Reg3(2) of the Road Vehicles (Construction and Use) Regulations 1986 as a motor vehicle that is constructed or adapted to carry not more than 16 seated passengers in addition to the driver. It may be in purely private use, in community use often under a Voluntary Group Permit or a Community Bus Permit (Sections 19 and 22 Transport Act 1985) or in commercial use in which case it will be a Public Service Vehicle for which an operator’s licence will be needed.

Like cars and light good vehicles, minibuses with up to 8 passenger seats (i.e. excluding the driver) require a first MOT inspection 3 years after the date of their first registration (4 years in Northern Ireland) and thereafter every year. Those with 9-16 passenger seats excluding the driver require their first MOT test one year after the date of first registration and thereafter every year.

Certificate of Initial Fitness (CIF or COIF)

This certificate shows the vehicle was designed or adapted to PSV standards and is only required where commercial service is involved. A vehicle intended for community use does not need such a certificate but obtaining one anyway may open up the possibility of selling the vehicle in due course to a commercial operator.

MOT Classes for Minibuses

There are three different classes of MOT test. The tests are different so it is important that the correct one is undertaken:

Class IV	For minibuses with up to 12 passenger seats (excluding the driver). Any appointed MOT Testing Station will be able to carry these out.
Class V	For minibuses with between 13 and 16 passenger seats (excluding the driver) and all those operating under Community Bus Permits. Regardless of seating capacity Community minibuses require a Class V MOT. Such a test can only be undertaken at a government Goods Vehicle Testing Station or at garages specifically authorised to carry out such tests.
Class VI	This is the test for Public Service Vehicles (PSV). It carries a different certificate and is always performed at a government testing station. Details of where these are located can be found these can be found on the Vehicle and Operator Service Agency’s website at www.VOSA.gov.uk Permit minibuses do not need such a test but if a Certificate of Initial Fitness (CIF or COIF) came with the new vehicle an operator may elect to have a Class VI anyway.

PLEASE NOTE - Test fees are subject to increase from time to time. They were last increased in November 2006.

Minibus MOT

It is an offence to use a motor vehicle that requires an MOT on a road without a valid certificate. A vehicle may however be taken on the road to a local testing station purely for the purpose of attending a PRE-ARRANGED test appointment.

The Class IV test covers the following but not the condition of the engine, gearbox or clutch. Essentially the Class V test checks the same items. A Class VI test includes additionally and among other things a check of the interior of body, passenger entrance/exit, steps and platforms and tachographs.

The items checked are:

• Brakes, steering, wheels and hubs.
• Suspension, tyres, seat belt condition and number plates
• Washers, wipers, mirrors, horn and hazard lights
• Lights, warning lamps, indicators and reflectors
• Windscreen, driver’s view of road and doors
• Condition of seat belts but not their installation
• Chassis, corrosion, condition and security of body
• Fuel and exhaust systems and emissions
• Security and condition of electrical wiring and equipment
• Speedometer, driving controls and seat security
• Build up of pressure/vacuum systems and warning devices where appropriate
• Exterior of body including access to doors
• Size, type, condition and load ratings of tyres
• Condition and security of bumpers and spare wheel carrier

If the vehicle fails the test small repairs may be undertaken at the Test Station without a retest fee being incurred. It can be returned the same day or the next day for re-examination without further fee if it fails on certain specified items. Otherwise it will have to be re-presented on another day when the work has been done for a fresh test.

If it is felt the vehicle has wrongly failed the test an appeal can be made to the Vehicle Inspectorate but this must be done within 14 working days. The Inspectorate will offer an appointment for rechecking within 5 working days. There is provision for a refund of the test fee where successful and for the investigation of the original garage.

If it is felt the vehicle should not have passed there is an appeals procedure with the Inspectorate within 28 days or 3 months. This is for "corrosion - related” defects only.

The MOT certificate although valid for a year does not warrant the condition of the vehicle beyond the day of the test.

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Minibus maintenance & safety checks

Minibus Maintenance

It cannot be stressed too highly that the driver of a minibus is responsible for its condition when on the road although an operator may also be responsible for permitting its use in a defective state. The Road Vehicles (Construction and Use) Regulations 1986 by and large impose absolute liability. Even a vehicle that has just been returned from servicing is the drivers and/or the operator’s responsibility.

Failure to properly maintain a vehicle may apart from anything else invalidate an insurance policy. Breakdowns may also cause problems for businesses, as they may not be able to provide optimal levels of service to their customers.

For the larger organisations it is essential that a designated person or persons has overall responsibility for maintenance and MOTs with proper arrangements for deputies when needed. For the smaller organisations it will be more difficult to achieve this where one person has to do a number of jobs. The principle is however exactly the same. It is very easy unwittingly to breach a minefield of regulations some of which may involve penalty points and/or disqualification. Whether in the larger or smaller setting it is very desirable that at least one person makes it their business to keep abreast of the constantly changing legal requirements.

Safety Inspections

In addition to daily maintenance, manufacturers servicing should be carried out at regular intervals (on a time basis). They should cover the same ground as the MOT test to top this up and effectively keep it up to date. By doing so there should be lesser expenditure, delay and problems when the test is actually carried out. An experienced mechanic should carry out the inspection and where they overlap with a regular service can be done at the same time (not ignored on this occasion as the service will not cover the same ground).

It is recommended that the intervals for these should be:

Every 10 weeks for mileage up to 12,500 pa.
Every 9 weeks for mileage between 12,500 and 20,000 pa.
Every 8 weeks for mileage between 20,000 and 40,000 pa.

It should be noted however that some Traffic Area offices recommend intervals of between 6 to 8 weeks.

As a further pointer it is recommended that documentation relating to the inspection should be kept for at least 15 months

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Training for minibus drivers

It is highly advisable to do an assessment of a drivers ability to drive a minibus as a failure to provide training wherever appropriate, could be deemed to be a breach of duty of care and therefore could amount to an offence under the Road Traffic Act 1991.

The Minibus Driver Awareness Scheme (MIDAS) provides training for minibus drivers. This includes coverage of the following areas:

• minibus driving
• general defensive driving
• passenger safety
• personal safety for drivers
• breakdown and accident procedures
• roadside inspections
• legal requirements for drivers
• use of passenger safety, access and storage equipment
• disability awareness
• passenger assistance

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Minibus safe driving tips

Advice for Driving Safely

Driver Conduct

It is an offence for a driver to hold a microphone whilst in a moving vehicle unless it is necessary on safety grounds or in an emergency.

The driver also should not talk to anybody whilst the vehicle is in motion, unless on grounds of safety or in relation to operation of vehicle or to provide short statements from time to time about the vehicle location or operational matters. He should only then talk if he can do so without being distracted.

Drivers must take all reasonable steps to ensure safety of passengers entering or leaving the vehicle. Assistance must be offered to disabled or elderly passengers. Only a trained person must assist a person using a passenger lift.

Drivers, inspectors, or conductors must take all reasonable steps to ensure passengers conduct themselves in a safe and inoffensive manner, do not throw any thing out the window, don’t smoke if prohibited from doing so and don’t speak to the driver other than in an emergency or to give directions.

Mobile Phones

The recent mobile phone regulations provide that it is illegal to use a hand held mobile phone or similar device whilst driving. The new offence makes it illegal to use phones which need to be held at any time during a call including dialling or answering a call and at present is dealt with by a non-endorseable fixed penalty. It is not an offence under the regulations to use an ordinary mobile phone if it is used in a mounted cradle with a speaker system or an earpiece/headset, but it is not advisable and if the police consider that a driver is not in proper control, or is driving carelessly or dangerously whilst using a phone, they may charge the driver with more serious offences.

Reversing

The operator should consider implementing appropriate measures to improve the safety of reversing manoeuvres. These might include:

• Use of additional mirrors, fish eye lenses, CCTV or distance sensing devices.
• Fitment of reversing alarms. If fitted they must be properly maintained and should not be used between 23.30 and 07.00 hours.
• Prohibiting or restricting vehicle movements during periods when large numbers of people are expected to be about e.g. school break time.
• Adequate securing of loads.

Braking

• Stopping distance will be greater than that of a car. Make sure you have left sufficient distance from the vehicle in front.
• Reaction time has to be added to all stopping distances.
• Brake firmly only when traveling in a straight line.
• Make sure you have reduced to an appropriate speed before cornering.
• Avoid applying the brakes when cornering as this can cause instability.
• When descending steep winding hills, brake firmly on straights and ease off round bends.
• Both hands should be holding the steering wheel.
• Read traffic situations carefully - ease off prior to possible braking situations e.g. when approaching green traffic lights.

Overloading

Vehicles have a maximum gross and train weight which must not be exceeded. The maximum gross weight (also known as maximum authorised mass, gross vehicle mass and gross vehicle weight) means the most the vehicle can legally weigh on the road when loaded with driver, passengers, luggage and fuel. The gross train weight means the most that a vehicle and its trailer can legally weigh together on the road when loaded with driver passengers’ luggage and fuel. Exceeding the plated weight is a serious offence and can impair the performance of the brakes and steering. If the vehicle has been modified in any way e.g. lightweight seats have been replaced with seat containing integral seatbelts, the weight of the vehicle may increase as a result. If there is any likelihood that the vehicle may be overloaded, it should be taken to a weighbridge.

What should I do if I am involved in a road traffic accident?

Any driver involved in a road traffic accident should follow the guidance below.

• Extinguish cigarettes.
• Summon medical assistance.
• If the vehicle is causing an obstruction or traffic hazard, the police should be notified.
• Other motorist should be warned using warning triangles, hazard lights etc.
• The crash positions should be noted, witness details taken and where a camera is available, photographs taken of the accident location.

A person involved in an accident that causes

1. Injury to another person;
2. Injury to certain animals (including dogs, sheep, horses, pigs, goats but not cats);
3. Damage to another vehicle; or
4. Damage to fixed property e.g. bollard, lamp post,

must stop and give his name and address, the name and address of the vehicle’s owner and its registration to anyone having reasonable grounds for requesting the information. This would include any other driver, pedestrian or road user involved. If anybody has been injured, insurance details should also be exchanged. Failure to comply with any of the above will result in the legal requirement to report the matter to the police as soon as practically possible and in any case with 24 hours.

When should hazard-warning lights be used?

They should only be used, where the vehicle is causing a temporary obstruction, to warn of an obstruction ahead on a dual carriageway or motorway, when children are boarding or alighting (the school bus sign must be displayed), or for a bus driver to summon help in situations such as a breakdown.

Use of school bus signs

It is obligatory for buses (vehicles with passenger capacity of 8 excluding the driver) to carry two yellow retro-reflective signs bearing the symbol of 2 school children when taking children to or from school unless the bus used is on registered services where at least half the seats are available for the general public. The signs must be of a prescribed size and design.

• 400mm x 400mm for rear sign with a black border no more than 30mm in width.
• 250mm x 250mm for the front sign with a border no more than 20mm in width.

General-purpose community transport groups should use removable signs.

Use of motorway lanes

Most minibuses may use any lane on a motorway except those with a gross weight of 7.5 tonnes or over.

Rules when parking at night

Any minibus parked on a road between sunset and sunrise is required to comply with the following rules:

• It must be left with its side and rear lights left on at night
  
• It must always be parked on the nearside of the road unless in a designated parking space.
  
• It must never be parked in contravention of a parking restriction.
  
• It must not be causing an obstruction.

Parking when carrying blue badge holders

Blue badges are issued to people with certain disabilities, mainly where walking difficulties are involved. Operators of minibuses can display either their own institutional badge or the badge of a qualifying individual when carrying the badge holder/person who would qualify for a badge. Carrying includes waiting to allow a passenger to board and alight. The card showing the time that parking commenced must be displayed on the dashboard.

The badge cannot be used however on private roads, off road car parks, some town centres with limits on vehicle access and parts of central London.

Towing trailers

• Check driving licence entitlements
• Check the Gross Train Weight limit (the laden weight of the trailer plus the laden weight of the towing vehicle).
• The motorway speed limit is 60mph.
• Do not exceed the GVW of the trailer.

The GVW of the trailer must be less than the unladen weight of the towing vehicle (this does not apply if the trailer is a broken down vehicle).

You are not allowed to use the outside lane of a motorway with 3 or more lanes.

Construction and use requirements also apply to trailers so trailers as well as the vehicle need to be appropriately maintained.

Use of horns and reversing alarms

Horns and reversing alarms must not be used when the vehicle is not moving, unless there is danger from another vehicle, or between the hours of 23.30 and 07.00 the following morning.

Reversing alarms must not be used unless the vehicle is a goods vehicle not less than 2000kg, a bus, engineering plant, or a works truck, or if the sound emitted is likely to be confused with he sound emitted by a pedestrian crossing.

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